Part 600 - General Provisions

Effective Date: 
Wednesday, March 25, 2015
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 2801-a

Section 600.1 - Applications for establishment

Section 600.1 Applications for establishment. (a) An application to the Public Health Council for its approval, as required by law, shall be in writing on application forms provided by the State Department of Health; and subscribed by the chief executive officer or other officer duly authorized by the board of a corporate applicant, a general partner or proprietor of the proposed medical facility, or, where an application is to be submitted by a local governmental applicant, the president or chairman of the board of the proposed facility or the chief executive officer if there is no board; and accompanied by a certified copy of a resolution of the board of a corporate applicant authorizing the undertaking which is the subject of the application, and the subscribing and submission thereof by an appropriate designated individual. In the event that an application is to be submitted by an entity which necessarily remains to be legally incorporated, it shall be subscribed and submitted by one of the proposed stockholders or directors. If a local governmental applicant submitting an application has not designated a president, chairman or chief executive officer for the proposed facility, the application shall be subscribed by the chairman or president of the local legislature or board of supervisors having jurisdiction, or other appropriate executive officer. An original application and eight copies thereof shall be prepared. The original and eight copies shall be filed with the council through the project management unit in the department's central office in Albany which shall transmit one copy to the health systems agency having geographic jurisdiction.

(b) Applications to the council shall contain information and data with reference to:

(1) the public need for the existence of the facility or the proposed facility at the time and place and under the circumstances proposed;

(2) the character, experience, competency and standing in the community of the proposed incorporators, directors, stockholders, sponsors, individual operators or partners;

(3) the financial resources and sources of future revenue of the facility to be operated by the applicant;

(4) the fitness and adequacy of the premises and equipment to be used by the applicant for the proposed facility;

(5) the following documents shall be filed:

(i) a certified copy of the applicant's certificate of doing business;

(ii) where the applicant is a partnership, full and true copies of all partnership agreements, which shall include the following language:

"By signing this agreement, each member of the partnership created by the terms of this agreement acknowledges that the partnership and each member thereof has a duty to report to the New York State Department of Health any proposed change in the membership of the partnership. The partners also acknowledge that the prior written approval of the Public Health Council is necessary for such change before such change is made, except that a change resulting from an emergency caused by the severe illness, incompetency or death of a member of the partnership shall require immediate notification to The New York State Department of Health of such fact and application shall be made for the approval by both the Public Health Council and the New York State Department of Health of such change within 30 days of the commencement of such emergency. The partners also acknowledge that they shall be individually and severally liable for failure to make the aforementioned reports and/or applications";

(iii) such additional pertinent information or documents necessary for the council's consideration, as requested.

(c) Any person filing a proposed certificate of incorporation or an application for establishment of a hospital as defined in article 28 of the Public Health Law shall file with the commissioner information on the ownership of the property interests in such facility, including the following:

(1) the name and address and a description of the interest held, or proposed to be held, by each of the following persons:

(i) any person who, directly or indirectly, beneficially owns any interest in the land on which the facility is located;

(ii) any person who, directly or indirectly, beneficially owns any interest in the building in which the facility is located;

(iii) any person who, directly or indirectly, beneficially owns any interest in any mortgage, note, deed of trust or other obligation secured in whole or in part by the equipment used in the facility, or by the land on which or the building in which the facility is located;

(iv) any person who, directly or indirectly, has any interest as lessor or lessee in any lease or sublease of the land on which or the building in which the facility is located; and

(v) any person who, directly or indirectly has any interest as a lessor or lessee in any lease or sublease of the equipment used in the building in which the facility is located; (2) if any person named in response to paragraph (1) of this subdivision is a partnership, then the name and address of each partner;

(3) if any person named in response to paragraph (1) of this subdivision is a corporation, other than a corporation whose shares are traded on a national securities exchange or are regularly quoted in an over-the-counter market or which is a commercial bank, savings bank or savings and loan association, then the name and address of each officer, director, stockholder and, if known, each principal stockholder and controlling person of such corporation;

(4) if any corporation named in response to paragraph (1) of this subdivision is a corporation, whose shares are traded on a national securities exchange or are regularly quoted in an over-the-counter market or which is a commercial bank, savings bank or savings and loan association, then the name and address of the principal executive officers and each director and, if known, each principal stockholder of such corporation;

(5) such additional pertinent information and documents necessary for the council's consideration, as requested.
 

Doc Status: 
Complete

Section 600.2 - Requirements for approval

600.2 Requirements for approval. (a) The application must be complete and in proper form. It shall provide all the information essential for the Public Health Council's consideration.

(b) The applicant must satisfactorily demonstrate to the council:

(1) that there is a public need for the facility or the proposed new facility;

(2) (i) If a nonprofit corporation, that the members of the board of directors and the officers of the corporation are of such character, experience, competence and standing as to give reasonable assurance of their ability to conduct the affairs of the corporation in its best interests and in the public interest and so as to provide proper care for the patients or residents to be served by the facility or the proposed facility;

(ii) if a proprietary business, that the owner, or all the partners, if a partnership, are persons of good moral character who are competent to operate the business so as to provide proper care for the patients or residents to be served by the proposed facility;

(iii) if a business corporation, that the members of the board of directors, the officers and the stockholders of the corporation are of such character, experience, competence and standing as to give reasonable assurance of their ability to conduct the affairs of the corporation so as to provide proper care for the patients or residents to be served by the proposed facility;

(3) that there are adequate finances to properly establish and conduct the proposed facility;

(4) that, with respect to an applicant who is already or within the past 10 years has been an incorporator, director, sponsor, principal stockholder, or operator of any facility as specified in paragraph (b) of subdivision (3) of section 2801-a of the Public Health Law, a substantially consistent high level of care has been rendered in each such facility with which the applicant is or has been affiliated during the past 10 years or during the period of affiliation, as appropriate. In reaching this determination, the Public Health Council shall consider findings of facility inspections, including but not limited to the title XVIII and XIX (of the Social Security Act) and article 28 survey findings, as such pertain to violations of this Chapter, periodic medical review/independent professional review (PMR/IPR) findings, routine and patient abuse complaint investigation results, and other available information. The Public Health Council's determination that a substantially consistent high level of care has been rendered shall be made after reviewing the following criteria: the gravity of any violation, the manner in which the applicant/operator exercised supervisory responsibility over the facility operation, and the remedial action, if any, taken after the violation was discovered.

(i) (a) In reviewing the gravity of the violation, the Public Health Council shall consider whether the violation threatened, or resulted in direct, significant harm to the health, safety or welfare of patients/residents.

(b) In reviewing the manner in which the applicant/operator exercised supervisory responsibility over the facility operation, the Public Health Council shall consider whether a reasonably prudent applicant/operator should have been aware of the conditions which resulted in the violation.

(c) In reviewing any remedial action taken, the Public Health Council shall consider whether the applicant/operator investigated the circumstances surrounding the violation, and took steps which a reasonably prudent applicant/operator would take to prevent the reoccurrence of the violation.

(ii) When violations were found which either threatened to directly affect patient/resident health, safety or welfare, or resulted in direct, significant harm to the health, safety or welfare of patients/residents, there shall not be a determination of a substantially consistent high level of care if the violations reoccurred or were not promptly corrected.

(c)(1) The applicant must supply any additional documentation or information requested by the department acting on behalf of the Public Health Council within 30 days, or any other stated time frame, of such request, or must obtain from the department acting on behalf of the council an extension of the time in which to provide such documentation or information which is requested during the review of the application. Any request for an extension of time shall set forth reasons why such documentation or information could not be obtained within the prescribed time. The granting of a request for an extension shall be at the discretion of the department acting on behalf of the council. Failure to provide such documentation or information within the time prescribed or as extended by the department acting on behalf of the council shall constitute an abandonment or withdrawal of the application without any further action by the council or department. (2) The applicant must supply any authorization the council or the department requests in order to verify any documentation or information contained in the application or to obtain any additional documentation or information which the council or department finds is pertinent to the application. Failure to provide such authorization shall constitute an abandonment or withdrawal of the application without any further action by the council or department.

(d) Whenever any applicant proposes to lease premises in which the operation of a hospital as defined in article 28 of the Public Health law is to be conducted, the lease agreement shall include the following language:

"The landlord acknowledges that his rights of reentry into the premises set forth in this lease do not confer on him the authority to operate a hospital as defined in article 28 of the Public Health law on the premises and agrees that he will give the New York State Department of Health, Tower Building, Empire State Plaza, Albany, N.Y. 12237, notification by certified mall of his intent to reenter the premises or to initiate dispossess proceedings or that the lease is due to expire, at least 30 days prior to the date on which the landlord intends to exercise a right of reentry or to initiate such proceedings or at least 60 days before expiration of the lease.

"Upon receipt of notice from the landlord of his intent to exercise his right of reentry or upon the service of process in dispossess proceedings and 60 days prior to the expiration of the lease, the tenant shall immediately notify by certified mail the New York State Department of Health, Tower Building, Empire State Plaza, Albany, NY 12237, of the receipt of such notice or service of such process or that the lease is about to expire."

(e) No lease covering the premises in which the operation of a hospital as defined in article 28 of the Public Health Law is to be conducted may contain any provision whereby rent, or any increase therein, is based upon the Consumer Price Index, or any other cost-of-living index, except:

(1) leases for outpatient facilities and premises leased solely for administrative purposes may contain cost-of-living index rent determination or adjustment provisions, provided the following conditions are met:

(i) the lease is reviewed and approved by the department;

(ii) the space rented is in a multi-purpose, multi-use building not constructed specifically for the purpose of housing an outpatient facility;

(iii) the rental, if the lease is a sublease, is the same or less than the rental in the overlease;

(iv) the applicant has no interest, direct or indirect, beneficial or of record, in the ownership of the building or any overlease; and

(v) the rental per square foot, in the judgement of the department, is the same as or is comparable to other rentals in the building in which the outpatient service or administrative space is to be located, and the rental per square foot is comparable to the rental of similar space in other comparable buildings in the area when such comparisons can be made.

(2) in addition to the exception set forth in paragraph (1) of this subdivision, in the event the lease covering hospital premises contains provisions whereby it is the lessor's responsibility to pay necessary expenses associated with such premises, such as real estate taxes, utilities, heat, insurance, maintenance and operating supplies, such lease may contain provisions which allow adjustments to the rent only to the extent necessary to compensate for changes in such expenses.
 

Effective Date: 
Sunday, July 1, 1990
Doc Status: 
Complete

Section 600.3 - Amendments and modifications to applications

600.3 Amendments and modifications to applications. (a) A change to an application before the Public Health and Health Planning Council has approved or contingently approved the application is hereafter referred to as a revision; a change to an application which has been approved or contingently approved by the council but for which an operating certificate has not yet been issued shall be referred to as an amendment if it meets the criteria contained in subdivision (c) of this section, and shall be referred to as a modification approvable pursuant to subdivision (f) if it does not meet the criteria contained in subdivision (c) or does meet the criteria in subdivision (e).

(b) An application made to the Public Health and Health Planning Council, pursuant to this Part, may be modified before the council has approved or contingently approved the application. Such modifications shall be made on appropriate forms supplied by the department and submitted to the council through the central office of the department in Albany and shall be governed by the following:

(1) any modification in the information contained in the original application must be accompanied by a satisfactory written explanation as to the reason such information was not contained in the original application;

(2) the department, when reviewing a competitive batch of applications, may establish deadlines pursuant to written notification for the submission of any modification to an application; and

(3) if a modification is submitted after any such deadline(s), the application shall be removed from consideration within the competitive batch being reviewed.

(c) After the Public Health and Health Planning Council has approved or contingently approved an application but prior to the issuance of an operating certificate, any change as set forth in paragraphs (1) through (3) of this subdivision shall constitute an amendment to the application, and the applicant shall submit the proposed amendment to the department's central office together with appropriate documentation explaining the reason(s) for the amendment and such additional documentation as may be required in support of such amendment. The amended application shall be referred to the health systems agency having geographic jurisdiction and the Public Health and Health Planning Council for their reevaluation and recommendations. The approval of the Public Health and Health Planning Council must be obtained for any such amendment. Each of the following shall constitute an amendment:

(1) a change in the number and/or type of beds and/or services, other than a reduction of service which would be subject to administrative review;

(2) a change in the location of the site of the construction if outside the facility's service area or adjacent service area; and

(3) any change in the applicant.
(d) For purposes of this section, the following terms shall have the following meanings:

(1) Total project cost means total costs for construction, including but not limited to costs for demolition work, site preparation, design and construction contingencies, total costs for real property, for fixed and movable equipment, architectural and/or engineering fees, legal fees, construction manager and/or cost consultant fees, construction loan interest costs, and other financing, professional and ancillary fees and charges. If any asset is to be acquired through a leasing arrangement, the relevant cost shall be the cost of the asset as if purchased for cash, not the lease amount. (2) Total basic cost of construction means total project costs less the capitalized amount of construction loan interest and financing fees.

(e)(1) If the commissioner, acting on behalf of the Public Health and Health Planning Council, determines that increases in total project costs or total basic costs of construction are due to factors of an emergency nature such as labor strikes, fires, floods or other natural disasters or factors beyond the control of the applicant, or modifications to the architectural aspects of the application which are made on the recommendation of the department, the applicant may proceed without the need for the application to be referred back to the health systems agency and the Public Health and Health Planning Council.

(2) If the applicant can document by evidence acceptable to the commissioner, acting on behalf of the Public Health and Health Planning Council, that increases in total project cost or total basic cost of construction were caused by delays in obtaining zoning or planning approvals which were beyond its control, the commissioner may permit review of the application to proceed without the need for the application to be referred back to the health systems agency and the Public Health and Health Planning Council pursuant to this Part. The evidence shall demonstrate clearly that the applicant had timely pursued the zoning or planning permits, has now obtained all such required permits and approvals, and is prepared to proceed with the project.

(3) If the applicant can document by evidence acceptable to the commissioner, acting on behalf of the Public Health and Health Planning Council, that increases in the total basic cost of construction were caused by inflation in excess of that estimated and approved in the application and that such inflation has affected the total basic cost of construction as a result of delays which were beyond the applicant's control, the commissioner may permit review of the application to proceed without the need for the application to be referred back to the health systems agency and the Public Health and Health Planning Council pursuant to this Part. The evidence shall demonstrate clearly that the increase in inflation exceeds that estimated and approved in the application, and that any delays resulting in such inflationary cost increases were beyond the applicant's control.

(f) Any modification submitted subsequent to the issuance of any approval by the Council which does not constitute an amendment pursuant to the provisions of this section shall require only the prior approval of the commissioner.

(g) Failure to disclose an amendment prior to the issuance of an operating certificate shall constitute sufficient grounds for the revocation, limitation or annulment of the approval of establishment.
 

Effective Date: 
Wednesday, March 25, 2015
Doc Status: 
Complete

Section 600.4 - Withdrawals or abandonment of applications and failure to satisfy contingencies

600.4 Withdrawals or abandonment of applications and failure to satisfy contingencies.

(a) An application made to the Public Health Council in accordance with this Part may, on written request of the applicant, be withdrawn prior to decision by the council at any time without prejudice to resubmission. Such resubmission shall be subject to the provisions relating to amendments.

(b) The failure, neglect or refusal of an applicant to submit documentation or information, within the stated time frame, to satisfy a contingency imposed by the Public Health Council in conjunction with the council's proposal to approve an application shall constitute and be deemed an abandonment or withdrawal of the application by the applicant without the need for further action by the council.

(c) When an applicant submits documentation or information, within the stated time frame, in an attempt to satisfy a contingency imposed by the Public Health Council but the department, on behalf of the council, does not consider the documentation or information sufficient to satisfy the contingency, the application shall be returned to the council for whatever action the council deems appropriate.
 

Effective Date: 
Wednesday, November 29, 1989
Doc Status: 
Complete

Section 600.5 - Revocation, limitation or annulment of approvals of establishment

600.5 Revocation, limitation, or annulment of approvals of establishment. (a) An approval of establishment may be revoked, limited, or annulled by the Public Health Council if the council finds:

(1) that the established operator has been guilty of fraud or deceit in procuring such approval of establishment or has made statements or furnished information in support of the application which were not true, accurate, or complete in any material respect;

(2) that the operating certificate of a hospital has been revoked, limited or annulled pursuant to the applicable provisions of law;

(3) that a hospital caused or allowed a patient to be subjected to violence or abuse by an employee, consultant, volunteer or other person serving in any capacity in the hospital or that a hospital has failed to comply with the provisions of article 28 of the Public Health Law or the rules and regulations promulgated thereunder;

(4) that the established operator has had such a change in his financial condition or in the fiscal aspects of the proposed institution since the approval of establishment as to render the project economically unfeasible or render unsatisfactory the financial resources of the proposed institution and its sources of future revenue;

(5) that the established operator has been convicted in a court of competent jurisdiction, either within or without the State, of a crime;

(6) that the established operator is an habitual drunkard or is addicted to the use of morphine, cocaine or other drugs having similar effect; or has become mentally disabled;

(7) that the established operator has transferred his ownership interest in the operation of the facility without Public Health Council approval, and that such person has terminated his participation in the operation of the facility;

(8) that there has been a violation of subdivision (a) of section 610.4 of this Title;

(9) that the established operator has granted any person convicted of a crime relating to hospital activities the authority to direct or cause the direction of the operations, management or policies of the facility;

(10) that the established operator has failed to comply fully with any condition, limitation or other requirement imposed as part of, or in conjunction with, the approval of establishment; or

(11) that the applicant has failed to commence and complete construction within the time period determined under Part 710 of this Title.

(b) For purposes of this section, established operator shall include any person, partnership or partner thereof, and any corporation or stockholder, officer or director thereof, actual or proposed, whose application for establishment has been approved, regardless of whether an operating certificate has been issued.
 

Effective Date: 
Wednesday, November 29, 1989
Doc Status: 
Complete

Section 600.6 - Hearings

600.6 Hearings. (a) Necessary hearings shall be conducted by the Public Health Council, a committee of the council, or a person designated by the council.

(b) Requests for hearings by applicants shall be made within 20 days after notification that such request may be made. If such request is made by the State Hospital Review and Planning Council or by a Regional Hospital Review and Planning Council, it must be made within 10 days subsequent to the meeting of such council which took place after notification that such request may be made.
 

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Section 600.7 - Decisions

600.7 Decisions. (a) Copies of the resolution of the Public Health Council approving or disapproving an application shall be transmitted to the applicant, the State Hospital Review and Planning Council, the appropriate Regional Hospital Review and Planning Council and the Commissioner of Health.

(b) Copies of a notice that the council is considering the disapproval of an application or action contrary to the recommendation of the State Hospital Review and Planning Council or a regional council and affording an opportunity to request a public hearing shall be transmitted to the applicant, to the State Hospital Review and Planning Council, the appropriate Regional Hospital Review and Planning Council and the Commissioner of Health.
 

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Section 600.8 - Criteria for determining the operation of a diagnostic or treatment center under article 28 of the Public Health Law

600.8 Criteria for determining the operation of a diagnostic or treatment center under article 28 of Public Health Law.

(a) Any provision of medical or health services by a provider of medical or health services organized as a not-for-profit or business corporation other than a professional service corporation shall constitute the operation of a diagnostic or treatment center.

(b) It shall be prima facie evidence that a diagnostic or treatment center is being operated when any provider of medical or health services describes itself to the public as a "center, "clinic" or by any name other than the name of one or more of the practitioners providing these services.

(c) A provider of medical or health services that does not come within subdivision (a) or (b) of this section shall be reviewed by the Commissioner of Health to determine whether medical or health services are being provided by practitioners of medicine engaged in private practice or by a facility within article 28 of the Public Health Law. The following criteria shall be used in conducting such reviews:

(1) Patient contact. Patient contact is made directly with the facility rather than the individual physician; or referral is made to the facility by the physician; or provision is made for services by the physician, not in his offices but at another location.

(2) Admission. The decisions as to admissions are made by the facility rather than by the individual practitioner, or by referral agreement or by arrangements with physicians.

(3) Choice of physician. When the physician is not chosen by the patient, the physician is assigned by the facility, or the patient is given a choice among several practitioners associated with or employed by the facility.

(4) Care of patients. Care that is provided patients is the responsibility of the facility and is provided under the following conditions, among others:

(i) the facility, rather than the physician assumes responsibility for all services rendered within the facility;

(ii) central services, including but not limited to laboratory, pharmacy, X-ray and narcotics are available with no free choice of the provider of such services by the patient;

(iii) the facility insures adherence to standards;

(iv) the facility is organized into departments or has a multi-disciplined approach;

(v) the facility supplies ancillary services; or

(vi) the responsibility of the facility terminates on discharge of the patient, as distinguished from the continuing responsibility of the physician; follow-up care is not provided by or at the facility.

(5) Organization and management. (i) Bills and charges are determined by the facility;

(ii) medical charts and patient records are maintained by the faculty;

(iii) patient care space is provided by the facility;

(iv) income distribution is determined by the facility;

(v) employees are selected as supervised by the facility;

(vi) vital records such as fetal death certificates, etc. are maintained by the facility;

(vii) bills are payable to the facility, rather than to the individual practitioner;

(viii) the scope of the services to be provided is determined by the facility, subject to regulatory limitations;

(ix) the structure is so physically extensive that it exceeds the usual space requirements of the private medical practitioner;

(x) the departmental organization is large enough to require delegation of authority to nonmedical personnel;

(xi) there is employment of other health professions such as registered nurse, physical therapist, pharmacist; or

(xii) the patient registry is more extensive than that found in the usual individual practice. Many more persons are processed than are ordinarily diagnosed or treated by physicians in the private practice of medicine.

(d) The criteria set forth in subdivision (c) of this section shall not be the sole determining factors, but indicators to be considered with such other factors that may be pertinent in particular instances. Professional expertise is to be exercised in the utilization of the criteria. Establishment shall be required where a determination is made that medical services are being provided by a facility within article 28 of the Public Health Law rather than by a private practitioner of medicine. All of the listed indicia of a facility within article 28 of the Public Health Law need not be present in a given instance. The criteria are intended to assist in determining the dominant features of the services offered.

(e) In addition to the foregoing, any facility which qualifies for an agreement to participate in the Medicare program as an ambulatory surgical center shall constitute a diagnostic and treatment center. The conditions of participation in the Medicare program as an ambulatory surgical center are contained in volume 42 of the Code of Federal Regulations, Public Health, at part 416 (42 CFR part 416), 1984 edition, published by the Office of the Federal Register National Archives and Records Service, General Services Administration. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. 42 CFR part 416 is available for public inspection and copying at the Records Access Office, New York State Department of Health, 10th Floor, Corning Tower Building, Empire State Plaza, Albany, NY 12237. (f) The Department of Health may conduct such hearings as may be necessary to gather sufficient facts to make a determination under this section.
 

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Section 600.9 - Governing authority or operator

600.9 Governing authority or operator. (a) The governing authority or operator is the party responsible for the operation of a medical facility.

(b) The governing authority or operator shall mean:

(1) the policy making body of a government agency;

(2) the board of directors or trustees of a not-for-profit corporation;

(3) the officers, directors and stockholders of a business corporation; and

(4) the proprietor or proprietors of a proprietary medical facility.

(c) An individual, partnership or corporation which has not received establishment approval may not participate in the total gross income or net revenue of a medical facility.

(d)(1)Except as provided in section 405.3 of this Title, the governing authority or operator may not contract for management services with a party which has not received establishment approval.

(2) The criteria set forth in this paragraph shall be used in determining whether there has been an improper delegation to the management consultant by the governing authority or operator of its responsibilities:

(i) authority to hire or fire the administrator or other key management employees;

(ii) maintenance and control of the books and records;

(iii) authority over the disposition of assets and the incurring of liabilities on behalf of the facility;

(iv) the adoption and enforcement of policies regarding the operation of the facility.

(3) The criteria set forth in paragraph (2) of this subdivision shall not be the sole determining factors, but indicators to be considered with such other factors that may be pertinent in particular instances. Professional expertise shall be exercised in the utilization of the criteria. All of the listed indicia need not be present in a given instance for there to be an improper delegation of authority.
 

Effective Date: 
Wednesday, January 25, 1989
Doc Status: 
Complete

Section 600.10 - Agents, nominees and fiduciaries

600.10 Agents, nominees and fiduciaries. Agents, nominees and fiduciaries whether testamentary or inter vivos shall not be considered proper applicants for establishment, transfer of interest or transfer of stock of a facility except that the following persons may apply for establishment approval in accordance with and subject to the requirements and conditions set forth in article twenty-eight of the public health law:

(a) a natural person appointed as trustee of an express testamentary trust created by a deceased sole proprietor, partner or shareholder in the operation of a hospital for the benefit of a person less than twenty-five years of age; or

(b) a natural person appointed conservator pursuant to article seventy-seven of the mental hygiene law or a natural person appointed committee of the property of an incompetent pursuant to article seventy-eight of the mental hygiene law or a sole proprietor, partner or shareholder of a hospital, with respect to a hospital owned by a conservatee or incompetent.
 

Effective Date: 
Wednesday, November 21, 1990
Doc Status: 
Complete

Section 600.11 - Name changes of operators and medical facilities

600.11 Name changes of operators and medical facilities. (a) Any change in the following shall require the prior approval of the Public Health Council in accordance with the requirements of this section and any other applicable requirements of law:

(1) the name of a not-for-profit corporation operating a medical facility under article 28 of the Public Health Law;

(2) the name of a not-for-profit corporation authorized to solicit contributions for the establishment or maintenance of any hospital pursuant to article 28 of the Public Health Law;

(3) the assumed name of a sole proprietor or a not-for-profit corporation operating a medical facility under article 28 of the Public Health Law or of a not-for-profit corporation authorized to solicit contributions for the establishment or maintenance of any hospital pursuant to article 28 of the Public Health Law, whenever the prior assumed name was approved by the Public Health Council or its predecessor; and

(4) the name or assumed name of a business corporation, partnership or governmental subdivision operating a medical facility under article 28 of the Public Health Law whenever the prior name or prior assumed name was approved by the Public Health Council or its predecessor.

(b) Applicants requesting Public Health Council approval of a change of name or assumed name shall submit a written request to the executive secretary of the council at the department's central office in Albany, which shall include the following information and documentation as appropriate:

(1) a letter specifying the current and proposed names and explaining the nature of and the reasons for the requested name change;

(2) a photocopy of the executed proposed certificate of amendment of the certificate of incorporation, certificate of authority to conduct business in the State of New York, or certificate of conducting business under an assumed name; and

(3) such other pertinent information and documents necessary for the council's consideration, as requested.

(c) Whenever the name of a business corporation, partnership or governmental subdivision, or the assumed name of a business corporation, not-for-profit corporation, partnership, governmental subdivision or sole proprietor operating a medical facility or fund raiser under article 28 of the Public Health Law was not specifically approved by the Public Health Council or its predecessor, any proposed change in said name or assumed name or initial use of an assumed name shall not require the approval of the Public Health Council but shall require the approval of the department in accordance with section 401.3 of this Title.

(d) The approval of the Public Health Council of a proposed name or assumed name may be withheld if the proposed name or assumed name indicates or implies that the corporation, partnership, governmental subdivision or individual is authorized to engage in activities for which it is not authorized, provide a level of care it is not authorized to provide, is misleading, causes confusion with the identity of another facility, or violates any provision of the law.

(e) Nothing contained within this section shall limit the authority of the Public Health Council to approve or disapprove the initial use of a name or assumed name for a not-for-profit corporation, business corporation, partnership, governmental subdivision or sole proprietor when such name or assumed name is before the Public Health Council as part of an application for the establishment of a facility or fund raiser.
 

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